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20130423
20130423
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this suspect in boston will not be treated as an enemy combatant. i strongly disagree with the obama administration's decision to rule out the combatant status for the suspect at this time. i believe such a decision is premature. it is impossible for us to gather the evidence in just a few days to determine whether or not this individual should be held for questioning under the law of war. the decision by the administration to try this individual in federal court is a sound decision. it is the right decision. aretary commission trials not available in cases like this. i wrote the 2009 military commission act. i have been a judge advocate for over 30 years, along with the help of many colleagues. we created a system for foreign terrorists. we purposely excluded american citizens. i have all the confidence in the world in article 3 courts at the federal level. they do a terrific job. i have confidence in our military commissions system. the decision by the administration not to proceed in state court in massachusetts i think was the correct decision. the death penalty will be available
. markey. the obama administration has chosen to prosecute the surviving suspect in the bombings in the federal court system. instead of before a military tribunal as an enemy combatant were where they have fewer constitutional protections. did they do the right thing? 90 seconds, sir. >> yeah, i believe that president obama and his justice department are completely committed to ensuring that case. is done in this we all heard president obama last week. he said there is a part of boston in him. he said that justice would be done in this case. if in the opinion of president obama and his justice department, the proper place for prosecution is here in the federal district court system of the state of massachusetts, i believe that the court system here in massachusetts can provide that kind of a venue in order to hear this case. so i defer to president obama. i defer to his justice department if in their judgment this is the proper place in order to conduct that trial. >> thank you, sir. mr. lynch, 90 seconds. >> john, i think that we do have sufficient laws in our iminal system to
be considered an enemy combatant? >> guest: absolutely goes back to the civil war. goes certainly to world war ii. anwar al-awlaki was american-born. president obama use ad drone to kill him in the wilds of yemen. if you, if you fill eight yourself with enemy forces and you go to war against american citizens and you kill americans will fully and you do so on behalf of a movement or enemy forces then indeed you can be considered an enemy combatant. being a enemy combatant simply because you're an american citizen. if in world war ii you went over and joined nazi forces were you not a enemy combatant? of course you were. . . >> he didn't treat those terrible tragedies as access war, but appropriately treated them as heinous criminal acts to be investigated, prosecuted, and appropriately punishes. >> host: al-alwaki was an american citizen, kimed on orders of president obama. did president obama violate the constitution by doing that? >> guest: well, actually, we have a lawsuit in which we are seeking to get answers from the administration about what legal standards they used and invoked. >> see
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